Article 1 - GENERAL PROVISIONS - SCOPE
1.1 These General Terms and Conditions of Sale
These General Terms and Conditions of Sale ("GTC") determine the rights and obligations of the parties in the context of the online sale of products offered by the company ("DeliSweet Cakes").
1.2 Acceptance
Any Order placed on the website www.shop.delisweetcakes.be implies the prior and unconditional acceptance of these General Terms and Conditions of Sale, which are subject to Belgian law. These GTC are therefore an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Client, who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 Application of the GTC
These GTC shall apply to any Order placed by an individual of legal age acting as a consumer. The Customer therefore certifies that he/she is a natural person over 18 years of age, acting for consumer purposes. The Customer acknowledges that he/she has the full capacity to commit himself/herself when placing an Order and undertakes to provide truthful information regarding his/her identity.
1.4 Changes to the General Terms and Conditions of Sale
The GTC applicable to each Order are those in force at the date of payment (or first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GTC are available on the Company's website at the following address: shop.delisweetcakes.be/XXX and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1 Ordering Process
It is the Customer's responsibility to select the products he/she wishes to order on the www.shop.delisweetcakes.be website, according to the following procedure:
The Customer browses the www.shop.delisweetcakes.be website. The Customer chooses a Product that he/she puts in his/her basket, a Product that he/she can delete or modify before validating his/her order and accepting the present general sales conditions. He will then enter his details, choose the delivery method and the payment method. After validation of the information, the order will be considered final and will require payment from the Customer according to the terms and conditions provided.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks.
The sale will be considered valid only after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.
Any order placed on the www.shop.delisweetcakes.be website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Any cancellation of the order by the Customer will only be possible before the delivery of the Products (independently of the provisions relating to the application or not of the legal right of withdrawal).
2.2 Cases where the Company refuses to validate the Order
The Seller reserves the right to cancel or refuse any order placed by a customer for any legitimate reason as follows
Quantities ordered that do not correspond to normal use by a consumer customer;
Non-payment of a previous order or litigation in progress concerning a previous order;
Suspicion of fraud on the order (supported by a bundle of corroborating evidence)
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's website, as well as information on the use of the product, if applicable
Although the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as nutritional information, are provided by the Company's suppliers. Accordingly, the Company assumes no responsibility for any errors that may be contained in the Specifications
The specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the products offered have no contractual value. The validity period of the offers as well as the price of the products are specified on the Company's website.
We are not responsible for any kind of food poisoning related to any of our products.
All our "Topper Cake" products are sold for the sole purpose of being used for decorative purposes.
By agreeing to our terms and conditions, you agree to first cover the stem end of your topper cake with cling film or foil before inserting it into your cake or any other food.
3.2 Availability of Products
The offers of Products are valid within the limits of stocks available from our suppliers. This availability of Products is normally indicated on the specific page of the Product
However, insofar as the Company does not reserve stock (except in the case of Products indicated as pre-orders on the Product page), placing a Product in the shopping cart does not absolutely guarantee the availability of the Product and its price
In the event that a Product becomes unavailable after the validation of the Client's Order, the Company shall immediately inform the Client by e-mail. The Order shall be automatically cancelled and the Company shall refund the price of the Product initially ordered, as well as any sum paid for the Order
However, if the Order contains Products other than the one that has become unavailable, these shall be delivered to the Client and the delivery charges shall not be refunded.
Article 4 - PRICE AND PRODUCT INFORMATION
All prices mentioned on the website include VAT. These prices can be modified at any time and do not include, if necessary, the delivery costs which are invoiced in supplement. The prices paid by the customer are those mentioned on the website at the time of the confirmation email, except in case of obvious error. These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
The photos and other illustrations used to present the products are not binding and may show products or elements not included in the price offered.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Time of payment
Payment of the full price of the Order must be made immediately after the Order has been confirmed
5.2 Payment methods
To pay for the Order, the Customer may choose between different payment methods:
- Payment by Bancontact
- Payment by credit card (Visa, MasterCard, American Express)
Only bank cards issued by a bank located in Belgium or France or international bank cards (Visa, MasterCard, American Express) are accepted. The Client guarantees the Company that he/she has the necessary authorisations to pay with the bank card used. The Client expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number is tantamount to authorising the debiting of his/her account for the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order
Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
In general, in the event of refusal to authorise payment by officially accredited organisations or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel said Order
The Company reserves the right to suspend any of the payment methods at any time, particularly in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a previous Order
The Company reserves the right to set up a procedure for verifying Orders to ensure that no one suspected of using another person's bank details without their knowledge. As part of this verification process, the Client may be asked to provide the Company, by e-mail or by post, with a copy of his or her identity card, proof of address and a copy of the credit card used for payment. Precise indications on the exact content of the requested information (to preserve the confidentiality of its data) will be communicated to the Client in case of verification. The order will be validated only after receipt and verification of the documents sent.
Article 6 - DELIVERY - DEDICATION - RECEPTION
6.1 Delivery
Before validating the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices. Once the Client has chosen the delivery method, the Company shall provide the Client with an estimated delivery time.
The Company will do its utmost to ensure that the Product(s) is (are) delivered at the latest on the scheduled delivery date. In the event of difficulties, the Company undertakes to contact the Client promptly to inform him/her and to seek an appropriate solution.
The air transport, shipping and/or delivery of the Product(s) will be fully paid for by the Client ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer at the time of the Order. On the other hand, any customs fees are not included in the price invoiced to the Client by the Company
Depending on the methods chosen by the Client, delivery shall be made either to the address given by the Client or, where applicable, to a relay point chosen by the Client from the list of available points. It is therefore incumbent on the Customer to check the information provided for delivery, as he/she alone remains responsible in the event of a delivery failure due to incomplete or erroneous information.
6.2 Customs clearance
At the time of purchase, the Customer buys the product free of tax and becomes the importer of the product purchased in his capacity as recipient of the product
He is therefore responsible in particular for the import and customs clearance of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value of more than 150 €).
The Customer is solely responsible for the declaration process of the customs duties when clearing the Product. These customs duties, which are not invoiced to the Client by the Company, are not the responsibility of the Company. The Company shall therefore not be liable for the reimbursement of these duties
6.3 Receipt
Upon receipt of the Product, the Client undertakes to check that the Product is complete and that it is not damaged
In the event of an anomaly, the Client must contact the Company's Customer Service within 12 hours of receiving the Product. Any claim filed after this time cannot be processed.
Article 7 - WITHDRAWAL
7.1 Standard information on withdrawal
The Customer has the right to withdraw, without giving any reason, within fourteen calendar days from the date of receipt of the Order. The withdrawal period shall expire 14 days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. In the event of an Order for several Products, the period shall run from the date of receipt of the last product
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, while the cost of returning the Product(s) will be borne by the Customer
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts
You do not have a right of withdrawal if:
- you expressly agree to the performance of the service before the end of the withdrawal period (e.g. if you want to access a database and consult the requested information immediately, without waiting for the end of the withdrawal period) and acknowledge that you will lose your right of withdrawal once the contract has been fully performed by the company;
- you order goods or services whose price depends on fluctuations in the financial market beyond the company's control and which may occur during the withdrawal period (e.g. wine quoted on the stock exchange);
- you order goods made to your specifications or clearly personalised for you (e.g. a cake topper personalised with your text, initials or choice of colour, a tailor-made garment, goods branded with your name, kitchen furniture arranged according to the measurements of your kitchen...);
- you order goods created on demand (e.g.: a topper cake because it is specially created according to your choice of colour for the text, your colour for the background, your personalised text).
- you order goods that are likely to deteriorate or expire quickly (e.g.: perishable goods, fresh goods, etc.);
- you order sealed goods that cannot be returned for health or hygiene reasons (e.g., a jar of face cream or toothpaste) and that you unseal after delivery;
- you order goods which, after delivery, are inseparably mixed with other items (e.g. petrol and fuel oil mixed in your fuel oil tank);
- you order alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after thirty days and the actual value of which depends on fluctuations in the market beyond the company's control (e.g.: the purchase of wine en primeur);
- you have concluded a contract in which you have expressly asked the company to visit you to carry out urgent maintenance or repair work; however, if, on the occasion of this visit, the company provides you with services in addition to those you have specifically requested or with goods other than spare parts essential for the maintenance or repair work, a right of withdrawal applies to these additional services or goods;
- you buy newspapers, periodicals or magazines, it being understood that you still have the right of withdrawal for subscription contracts for these publications;
- you place bets or buy lottery tickets online;
- You unseal after delivery the protection of the material support of an audio or video recording, an e-book or a computer software (e.g.: DVD, CD, USB key, CD-ROM, video cassette...).
- The online download of a digital content was started within the withdrawal period with your prior express consent and your acknowledgement that you thereby lose your right of withdrawal; (note that if the download was started without your express consent, without the acknowledgement of the loss of your right of withdrawal or if you did not receive the confirmation that the company has to communicate to you, then you are not liable for any costs to the company);
- you have concluded a contract at a public auction
7.3 Modalities for exercising the right of withdrawal
To exercise the right of withdrawal, you must notify us
Company name: DeliSweet Cakes
Address: Hippodroomlaan 337, 1933 Zaventem (Belgium)
Email: info@delisweetcakes.be
your decision to withdraw from this agreement by means of an unambiguous statement (a letter sent by post or an e-mail).
You can also fill in and send the sample withdrawal form or any other unambiguous statement via our contact form on our website delisweetcakes.be. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal on a durable medium (an e-mail).
In order for the withdrawal period to be respected, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period
This form must be sent to the Company at one of the following addresses:
For a hard copy to DeliSweet Cakes, Customer Service, Hippodroomlaan 337, 1933 Zaventem (Belgium)
For electronic delivery, to the address: info@delisweetcakes.be
Or on our website, at customer service, https://shop.delisweetcakes.be/nous-contacter
The Customer has a period of 14 days from the date of sending notification of his or her retraction to return the Product to the Company in its original packaging, with the return costs being borne exclusively by the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to put them back on sale. In case of receipt of opened, used, incomplete, damaged or soiled Products, the Company will not proceed to any refund and may even, if it deems it necessary and appropriate, engage the Client's responsibility for depreciation of the Product
In case of return of the Product under the conditions provided for by the law and the present GTC, the Company will proceed to the refund of the totality of the sums paid by the Client, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only proceed with the reimbursement after reception and verification of the condition of the returned Product
This refund shall be made using the same means of payment as the one used by the Client to pay for the Order, unless the Client expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for the same amount as that paid in this form.
7.4 Effects of withdrawal
In the event of your withdrawal from this Agreement, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day we are informed of your decision to withdraw from this Agreement. We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer the refund until we have received the goods or you have provided proof of shipment of the goods, whichever is earlier.
You must return the goods to DeliSweet Cakes located at Hippodroomlaan 337, 1933 Zaventem (Belgium) without undue delay and, in any event, no later than 14 days after you have informed us of your decision to withdraw from this contract. This period shall be deemed to have been observed if you return the goods before the expiry of the fourteen-day period. Nevertheless, the costs of returning/returning the goods shall be borne exclusively by the Customer.